Copyright USGenNet Inc., 2012, All Rights Reserved U.S. Data Repository Please read U.S. Data Repository Copyright Statement on this page: Submitted by Becky Cotton and transcribed by Linda Talbott for the US Data Repository http://www.us-data.org/ ========================================================================= U.S. Data Repository NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization. Non-commercial organizations desiring to use this material must obtain the consent of the transcriber prior to use. Individuals desiring to use this material in their own research may do so. ========================================================================= Formatted by U.S. Data Repository Chief Archivist, Linda Talbott All of the above information must remain when copied or downloaded. =========================================================================== Samuel Cotten Will Record In the name of God amen. The fourteenth day of March in the year of our Lord one thousand eight hundred and thirty two, I Samuel Cotten of the town of Hartford County of Washington and State of New York, calling to mind that I am a mortal nature knowing that it is appointed for man *** to die, and at this time being of a sound mind and memory blessed be God for it, Do make and ordain this my last will and testament, and first of all I give and most humbly recommend my immortal soul into the hands of the Great God that gave it and my poor vile body I recommend to its mother Earth to be buried in a decent Christian burial at the direction of my executor; nothing doubting but at the ce***al resurrection I shall recieve it again by the mighty powers of God, and as touching such worldy estate as it has pleased God to bless me with in this life, I give and dispose of in the following manner that is to say, and first after all my dets and funeral charges are paid I give to my true and lawful wife Lydia Cotten the one third part of all my real and personal estate during her natural life, and then to be divided between my children in the same manner and proportion as the remainder of my property, all the remainder of my property to be divided between my children, Sally, Ruth, Ira, Leonard, Almira, Lydia, Huldah, Eunice, Samuel, to be divided in the following manner, each of my sons to have one fourth part more than that of my daughters so that shall as often have four dollars as each daughter shall have three dollars, provided that my sons shall be disposed to live with the family to manage and take care of the property and assist in providing and bringing up the family untill they shall become of lawful age, but should they or either of them be disposed to go from home and not assist in managing the farm and providing for the family then they are to be considered to share the same as each of my daughers and no more, and further it is my will and desire that my family may be kept together and that each and all of my children may have a home untill they shall arrive to lawful age to provide for themselves, and further I give to each of my sons one hundred and thirty three dollars to be paid in stock when they arrive at twenty one years of age - and likewise to each of my daughters one hundred dollars to be paid in stock or other articles that can best be spared, that is to say, to my two oldest daughters Salla and Ruth, as to my other daughters their shares to be at the disposal of my executors to be paid out by them if it can be without injury to the support of the family when they shall arrive at the age of Eighteen, but if my executors shall judge it nessary that the property should be kept together it shall remain in the care of my executors untill the youngest of them shall arrive at the age of Eighteen and then be paid over to them - and further as to my other expected heir I make the following provisions, if it should be a son to share equal to my other sons, or if a daughter to share equal to my younger daughter in my property. The above mentioned be***nes to be paid out of my estate by my beloved wife Lydia Cotten, and with her my brother Thomas Cotten and Hezekiah Davis whome I ordain constitute appoint Executors to this my last will and testament, and I do confirm and certify this my last will and testament and discount all former wills made by me. I witness when of I have hereunto set my hand and seal the day and year first shown above written. Signed sealed and published Samuel Cotten {L.S.} in the presence of Isaac Downs, Lyman West. At a Surrogates Court held at Salem in the County of Washington on the 16th day of April in the year of our Lord 1832 before John Willard Surrogate of the said County for the purpose of proving and recording the last will and testament of Samuel Cotten late of the town of Hartford in said County deceased in ****ance of Chapter 6thteeth 1st Article 1st Part 2d of the Revised Statutes of the state of New York on the application of Lydia Cotten, Executrix and Hezekiah Davis & Thomas Cotten executors of the last will and testament of the said Samuel Cotten on the days & at the place aforesaid it is made satisfactorily to appear to the said Surrogate that Ira Cotten, Leonard Cotten, Almira Cotten, Lydia Cotten, Huldah Cotten, Eunice Cotten, Samuel Cotten, & Thomas Cotten heirs of the said Thomas Cotten are minors, whereupon it is ordered by the said Surrogate that Hezekiah Davis of the town of Hartford in said County be appointed guardian for the said minors to take care of their interests in the premises. John Willard Surrogate At a Surrogate Court held at Salem in the County of Washington on the fifth day of May 1832 before John Willard Surrogate of the said County for the purpose of proving and recording the last will and testament of Samuel Cotten late of the town of Hartford in said County deceased in persuance of 6ttith 1st Article 1st part 2d of the Revised Statutes of the state of New York on the application of Lydia Cotten, Hezekiah Davis & Thomas Cotten executrix and executors of the last will and testament of Samuel Cotten deceased on the day and at the place aforesaid the said Hezekiah Davis one of the said Executors appeared in proper person and no one appeared to oppose, where upon the said Hezekiah produced due proof that Sally, Ruth, Ira, Leonard, Almira, Lydia, Huldah, Eunice, Samuel & Thomas are all the children and heirs of the said Samuel Cotten, that the said Sally and Ruth are of full age & the others are minors for whom the said Hezekiah is appointed guardian for the sole purpose of taking care of their interests in the premises, that noting the intention of the said Executors of proving the said will before the said Surrogate this day was record on all the heirs who are of full age and on the guardian of such as are minors on some day in April previous to the twentieth, whereupon all the subscribing witnesses to the said will appeared, and after being duly sworn testified as follows: Washington County}ss. Isaac Downs being duly sworn saith that he was acquainted with the testator Samuel Cotten in his life time, the said Samuel was an inhabitant of the County of Washington at the time of his death, and died on or about the fifteenth day of March last. This deponent was present and saw him the said Samuel subscribe the paper writing now produced & shewn to him purporting to be the last will & testament of the said Samuel, Bearing date the fourteenth day of March last. the said Samuel at the same time published & declared it to be his last will and testament in the presence of this deponent & Lyman West, and this deponent & the said Lyman West, at the request of the said Samuel subscribed their names respectivly thereto as witnesses to the execution thereof. that at the time then of the said testator was above the age of twenty one years, of sound & disposing mind and memory and in all respects competent to devise real estate & not under restraint. Isaac Downs Sworn this 5th May, 1832 before me John Willard Surrogate Washington County ss Lyman West being duly sworn saith that he was acquainted with the testator, Samuel Cotten in his life time, the said Samuel was an inhabitant of said county at the time of his death and died on or about the fifteenth day of March last, this deponent was present & heard him acknowledge the execution of the paper writing now produced purporting the be the last will and testament of the said Samuel beaing date the fourteenth day of March last, the said Samuel at the same time published & declared it to be his last will and testament in the presence of this deponent and Isaac Downs, and this deponent & said Isaac at the request of the said Samuel subscribed their names respectivly thereto as witnesses to the execution thereof - that at the time thereof the said Samuel was above the age of twenty one years of sound and disposing mind & memory in all respects important to devise real estate & not under any restraint. Sworn this 5th May, 1832 Lyman West before me John Willard Surrogate The foregoing proof and examinations, taken before me the Surrogate aforesaid, at the time and place first mentioned and the depositions of the respective witnesses were by them respectivly subscribed after having been carefully read over to them - and I the said Surrogate being satisfied upon the said proof taken, that the said will was duly executed that the said testator at the time of executing the same was in all respects competent to devise real estate and not under restraint do therefore allow the said will proof and examinations to be recorded - witness John Willard Surrogate aforesaid day & year first aforesaid. John Willard, Surrogate. ===========================================================================